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You are well advised to keep an eye on the legal decision-making parameters in every business transaction. The prerequisites for this are economic know-how and in-depth industry experience. Our member companies receive the necessary legal input - individually and tailored for mechanical engineering.

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Aus unseren Inhalten

Aus unseren Inhalten
New garnishment exemption limits as of July 01, 2023

On March 20, 2023, the garnishment exemption limits 2023 according to § 850c ZPO were published in the Federal Law Gazette.

Literature: Düsseldorf publication series "Working Time

We would like to draw your attention to the new publication "Arbeitszeit" from the Düsseldorfer Schriftenreihe.

Right to information of the supervisory authority according to the ArbZG

What justifies a request for information by the occupational health and safety authority?

Working time or rest time? That is the question here!

Do breaks with standby duty count as working time or as rest time?

BAG on equal pay

Freedom of contract is no justification for unequal pay for men and women.

Online workshop "Business Human Rights in India" on Monday, 08.05.2023 from 10 a.m. to 12 p.m.

The VDMA Legal Department invites you to an online workshop in cooperation with Osborne Clarke and BTG Legal on Business and Human Rights in India.

No compensation for damages due to cancellation of trade fair during Corona pandemic

Trade fair postponements and cancellations could be lawful against the background of the loss of the basis of the contract, so that exhibitors are not entitled to claim damages, as a ruling by the Higher Regional Court of Frankfurt am Main shows.

EDSA publishes position paper on cookie banners

EDSA provides guidance on the use of cookie banners in practice.

EU Data Act must be industry-compatible

The EU Digital Strategy is important for the single market. The associated EU Data Act has massive implications for the entire interlinked industry business. Legal uncertainty must be avoided.

Chinese Standard Contractual Clauses (C-SCC) published

The Cyberspace Administration of China (CAC) published the C-SCC and the corresponding regulation on February 24, 2023. These will come into effect on June 1, 2023.

Amendments to the Commercial Register Ordinance entered into force

On 23.12.2022, amendments to the Commercial Register Ordinance (HRV) came into force, which are intended to ensure better protection of personal data in the digital commercial register.

Immigration of skilled workers: draft legislation presented

On 20 February 2023, BMAS and BMI presented drafts of a law on the further development of skilled labor immigration and an ordinance on the further development of skilled labor immigration.

Newsletter Law

The monthly legal update for the mechanical engineering industry - exclusively for member companies

Law on the implementation of the transformation directive promulgated

The Bundestag promulgated the Law on the Implementation of the Transformation Directive on 28.02.2023.

How to deal with trade secrets?

The following article provides a brief outline of some suggestions for dealing with trade secrets.

Anti-competitive Agreements Between Employers

Competition law also applies to the labor market. As a reminder, the British competition authority published new guidance for employers.

Unclear contractual penalty clause is at the expense of the client

Contractual penalties can also be effectively agreed by means of general terms and conditions. However, if they refer conceptually only to the "settlement sum" for their calculation, the net settlement sum is meant.

Regulatory access from third countries in the EEA

The Data Protection Conference has issued a statement on the data protection assessment of the possibility of access by public authorities from third countries to personal data in the EEA in the case of commissioned processing.

Expert reports confirm need for greater flexibility

The German Metal and Electrical Employers' Federation (Gesamtmetall) has commissioned three expert reports on current issues relating to working time legislation.

Whistleblower Act does not enter into force

In its meeting on 10.02.23, the Bundesrat does not approve the draft of the Whistleblower Protection Act, thus preventing the Act from coming into force.

"Vigilante justice" through remote disconnection of a battery?

General terms and conditions that permit remote access to devices for the purpose of impairing their use are impermissible.

Hypotax procedure for temporary foreign assignment

Tax agreements at the expense of the employee in the case of posting abroad are permissible.

Voluntariness of consent in the case of a cookie banner

A cookie banner on a website is only effective if effective consent can be given.

Implementation of the Posting of Workers Directive in Germany

In order to implement the Directive, the German legislator has made amendments to the Employee Posting Act (AEntG) - in particular with regard to remuneration and the granting of working conditions.

Corona: SARS-CoV-2 occupational health and safety regulation repealed

On 25 January 2023 the federal cabinet approved the early repeal of the SARS-CoV-2 Occupational Health and Safety Ordinance. The ordinance will expire on 2 February 2023.

BVerfG on the legal protection practice of the EPO

Is the legal protection system of the European Patent Office constitutional?

On the scope of the right to information under data protection law

The obligation to provide information under data protection law also covers the identity of the recipients of personal data.

Weiterbildungsgesetz: Draft bill presented

In December 2022, the Federal Ministry of Labour, Social Affairs and Consumer Protection (BMAS) presented a draft bill to strengthen the promotion of training and continuing education and to introduce a period of training (Continuing Education Act).

Receipt of a change in the duty roster

Do employees have to be available to receive duty roster changes during their free time?

Consideration of pension proximity in the social selection process

In addition to other criteria, pension proximity can also play a role in social selection in the context of termination for operational reasons.

Works council training: presence or webinar?

Can employers refer the works council to webinars when offering training for cost reasons?

Commission launches proceedings on EU-US Data Privacy Framework

The adequacy decision is intended to promote secure transatlantic data flows and addresses the concerns expressed by the CJEU in the "Schrems II" ruling of July 2020.

BAFA handout on the principle of adequacy

BAFA publishes the last of the announced handouts on the Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz - LkSG) and enables the submission of third-party complaints against companies under the LkSG.

LkSG - Ministerial letter on BAFA report review

Important information for obligated companies: According to the ministries, examination of the report by BAFA will not take place until 1 June 2024. There will be no penalties for exceeding the deadline.

Updated FAQ on the Supply Chain Due Diligence Act

BMAS publishes updated FAQ on the Supply Chain Due diligence Act (Lieferkettensorgfaltspflichtengsetz - LkSG) as of 3 January 2023.

No codification of the law of corporate acquisitions

In the course of the autumn meeting of the last Conference of Ministers of Justice in November 2022, considerations were given to a future codification of company acquisitions.

More data protection for company representatives

Less personal data should be visible in the commercial register.

Consultation on the transformation of public procurement law

On Dec. 29, 2022, the Federal Ministry of Economy and Climate Protection (BMWK) launched the public consultation on the preparation of a comprehensive "procurement transformation package."

The work program of the Swedish EU Presidency

Sweden holds the EU Presidency until June 2023. Themes such as security and high energy prices will be the focus during this period, but it is already foreseeable that digital issues such as the Data Act will also be vigorously pursued.

Labor market policy: Changes in 2023

At the turn of the year, a number of changes came into force in the area of labor market policy. There will also be further changes during the rest of 2023.

Changes in old-age provision, health and care

On 1 January 2023, and over the course of the next year, changes will come into force in the areas of old-age security, health and long-term care.

Vacation: New BAG rulings on forfeiture and statute of limitations

On 22 December 2022 the Federal Labor Court (BAG) issued two rulings on the issue of forfeiture of vacation in the event of long-term incapacity for work and on the statute of limitations for vacation claims.

BAFA handouts available in English

BAFA publishes handout on risk analysis and information on LkSG in English.

Bundestag passes whistleblower protection law

On Friday, 16 December 2022, the members of the German Bundestag passed the Act for Better Protection of Whistleblowers with some amendments.

Corona: New SARS-CoV-2 occupational safety and health rule not adopted

The rewrite of the SARS-CoV-2 Occupational Safety and Health Rule was voted on Dec. 16, 2022, in the Occupational Safety and Health Administration (ASTA) Committee.

Annual Report of the Legal Department

The current annual report of the Legal Department for the year 2022 has been published. Member companies can download it here.

Orgalim - Terms of delivery S 2012 revised

Orgalim has revised its widely known and used Terms of Delivery S 2012 ("General Conditions for the Supply of Mechanical, Electrical and Electronic Products").

Short-time allowance: Relief until June 30, 2023

On December 14, 2022, the German Cabinet approved the Ordinance on Extended Access to Short-Time Workers' Compensation.

On the "shelf life" of a warning notice

The warning function contained in a warning by the threat of termination can lapse if nothing happens in subsequent similar violations.

Export control and sanctions

Fully booked first PRESENCE exchange of experience on export control and sanctions in Linz a great success.

Our expert and focus topics

Our expert and focus topics
VDMA Infoportal Ukraine War
The machinery and plant engineering sector condemns the Russian invasion of Ukraine in the strongest possible terms. The VDMA supporta its member companies in word and deed in order to master the many challenges that are arising.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Brexit
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?
Technological Sovereignty
Technological sovereignty as a goal is gaining importance regarding the changed geopolitical situation. International division of labor and global trade are our drivers of prosperity and are existential, especially for the mechanical engineering sector.
Europe and China
The perception of China in Germany and Europe has changed in recent years. Firstly, China is an important economic partner and also of significant importance for the German mechanical engineering sector. On the other hand, there is growing recognition at economic and political level in Germany and the European Union (EU) that the existing imbalance with China, for example in market access, is no longer acceptable.

Level 1 Themenwolke

To the point

To the point

Auf den Punkt Zitat Legal

"Even though the Swedish presidency must focus its work on crisis management, there are also many dossiers on the agenda that are enormously important for the mechanical engineering sector, including digital topics such as the Data Act."

Christian Steinberger, Head of Legal Services

Auf den Punkt Zahl Legal

5.2

percent

As part of the last collective bargaining round, employers and IG Metall agreed on a pay increase of 5.2 percent as of June 1, 2023 and 3.3 percent as of May 1, 2024.

Source: Südwestmetall

Auf den Punkt Zusammenfassung Recht

Summary
All BAFA handouts on the LkSG published
  • Handouts on risk analysis, complaint procedure, adequacy and the structured reporting questionnaire are available for download on BAFA's site
  • Existence and publication of reports on the LkSG will not be reviewed by BAFA until the deadline of June 1, 2024
  • Third parties can now submit complaints of LkSG violations to BAFA via an online form

VdmaSambaDynamicEvents

Events

Mon. 27.03.23 Mon. 27.03.23

exclusive

  • Regional Subsidiary Central

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.

Places available

Tue. 28.03.23 Tue. 28.03.23

exclusive

  • Regional Subsidiary Central

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.

Wed. 29.03.23 Wed. 29.03.23

exclusive

  • Labour Law

From dealing with overtime to liability for coronavirus infections: The Erfa explains current decisions in labor law and labor market policy as well as their operational effects.

Places available

Wed. 19.04.23 Wed. 19.04.23

  • Labour Law
  • Regional Subsidiary Baden-Wuerttemberg

follows

Places available

Tue. 25.04.23 Tue. 25.04.23

exclusive

  • Regional Subsidiary North

What's new in case law and how is labor market policy currently developing?

Places available

Tue. 25.04.23 Tue. 25.04.23

exclusive

  • Regional Subsidiary Central

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.

Unsere Leistungen

Unsere Leistungen
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies

exklusiv

Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

exklusiv

Annual Report of the Legal Department
The current annual report of the Legal Department for 2021 has been published. Member companies can download it here.

Working groups/Committees

Working groups/Committees
Legal Working Group
Working Group Labour Law
With a fixed group of participants, employment law problems and developments in the area of case law and legislation are discussed at regular intervals and positions are developed. The impact of digitalisation on the world of work and the associated challenges in terms of employment law are an important part of the format

Management

Fabian Seus

Legal Working Group
AK Compliance Management
With a fixed group of participants consisting of experienced compliance officers from the member companies, current topics from different areas of compliance management are discussed and guidelines are developed to support VDMA member companies in the implementation of legal compliance requirements.

Chair

Meinhard Remberg

SMS group GmbH

Management

Anette Binder

Legal Committee
Contract Law Committee
The Contract Law Committee is a body of commercial lawyers from VDMA member companies that meets twice a year and deals with current problems of contract law in Germany and abroad. Among other things, this grouping oversees the VDMA terms and conditions in cooperation with the VDMA legal department.

Chair

Ulrich Kugler LL.M.

ANDRITZ HYDRO GmbH

Legal Committee
Public procurement
The Public Procurement Committee deals with fundamental issues of national and European public procurement law as well as the contract terms and conditions of public contracting authorities. This involves, among other things, the preparation of statements or participation in the amendments to the contracting regulations VOB and VOL. The VDMA positions are submitted to the public procurement committees and the federal ministries in charge. The committee meets twice a year.

Chair

Dipl.-Ing. (FH) Markus Janse

OSMA - Aufzüge

Legal Committee
Legal Committee
The VDMA Legal Committee is the traditional central body of the VDMA Legal Department, currently consisting of about 65 heads of legal departments of member companies. In the VDMA Legal Committee, legal topics relevant to mechanical engineering are discussed in a dedicated exchange, legal problems are identified and VDMA positions are co-drafted. The committee, which meets once a year, deals with ongoing topics (reform of the General Terms and Conditions) as well as current legal issues (digitalization, etc.) and offers members space for the important exchange of experience.

Chair

Dr. Jörg Kondring

Voith GmbH & Co. KGaA

Legal Working Group
DigitaLegis working group
The digitaLegis working group deals with the interface between digitization and law: In the course of the digitization of mechanical engineering, legal aspects are increasingly coming to the fore alongside a wide range of technical issues. The working group is intended to provide interested members with a platform for a targeted exchange of experience and to offer practice-oriented approaches for dealing with legal issues relating to digitization.

The aim of the working group is to
- To bring together interested companies to exchange experiences,
- to develop practical assistance,
- comment on current topics/legislative projects, and
- create awareness and transparency and provide information.

Participants
The working group is aimed at machine and plant manufacturers, operators, automation companies, etc. Participants are primarily lawyers, IT and technology managers, data protection officers, and product managers with a connection to Industrie 4.0 or data-oriented business models.

Chair

Dr. Christine Payer

Dürr Aktiengesellschaft

Legal Working Group
Industrial Property Rights Working Group
The Industrial Property Rights Working Group sees itself as an interdisciplinary body that addresses all topics of industrial property rights in mechanical engineering. The participants from the member companies consist of lawyers and technically experienced persons in charge (e.g. engineers from the patent departments, persons responsible for trademarks, etc.). The interdisciplinary approach ensures that all facets of mechanical engineering are represented. In addition to the development of samples and positions, the exchange of experience is the main component of the activities of the working group. The working group meets twice a year.

Chair

Dr. Stephan Wolke

thyssenkrupp AG

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Benefits for you as a member

Largest industry network in Europe

More than 3,500 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

Strong representation of interests

The VDMA is the most important voice of the machinery and equipment manufacturing industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

A wide range of services

More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.